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Do i have a case to sue?

by tom44 on September 9, 2012

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Question by sadeyes: Do i have a case to sue?
i was terminated from my job as a certified nursing asssistant. i started work 7months ago, my cna license was lapsed, i was trying to get it when i got hired. I was terminated may 1st no notice, took my off the schedule due to my licnese not being renewed. i tried and tried and told my boss. i even asked if they would give me time off to go and talk to them in phoenix. they have a cna school i could of re did the whole class.. i tried to get other jobs in the work place while i waited for the boards to reply back to me. instead they let me go. i worked in this place off and on for 20yrs. i now finally got unemployment. they said in my approval that a 3rd party agreement was a violation of law if retained in employment. my employer established there was no resoanble alterantive of terminating employment;this is conidered to be a compelling personal reason not attributable to your employer. do i have a case to sue them for the suffering i did last 2 months and losing all my savings.

Best answer:

Answer by InspectorBudget
No. You were technically unqualified for the position that you were hired for. The employer has every right to fire you.

Why were you so foolish to allow your certification to lapse? You know its your lifeline to your career, and yet you let it expire. Foolish.

You brought the suffering on yourself, and now you are trying to blame someone else for your foolishness. Too bad.

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6 thoughts on “Do i have a case to sue?

  1. bdancer222 says:

    Who do you want to sue? The employer who had to terminate you because your certification had lapsed.

    Or the agency that renews certification?

    Either way, you don’t have a case. It is your responsibility to keep up with your license.

  2. michr says:

    even if the state was not an “at-will” employment state
    and you were under contract the fact that you allowed your license to lapse is your responsibility and cause to terminate your employment.
    since the state is “at-will” and they fired you for cause (no discrimination or retaliation involved) your only recourse is to file for unemployment insurance.

    the reason you were approved for the unemployment is you lost your job because of the certification which the state is giving you the benefit of the doubt about. they could have decided that the licensure lapse was your fault and therefor they could have denied you the benefits. the states decision does not in any way place blame on the employer but just lets you off the hook for being responsible for the termination.

    you have nothing to sue for!!!

  3. americanfreeman says:

    absolutely not

    they can fire you at any time for any reason or no reason at all

    You are lucky they are not sueing you..

  4. Linda1 G says:

    All the answers given here are so good, I almost didn’t answer, but I have this to add: you could have gotten your employer sued if, due to some negligence or mistake you committed, a person was injured, grew worse or died. You placed your employer in a position of liability by practicing without a license. If you had hurt someone, your employer could have been sued for gross negligence for allowing an unqualified person to work for them. I don’t care how much experience you have. If your employer got sued for something you did, the jury would not care about your experience. They would see that you were not certified, your employer knew it and it was because they allowed an unqualified person to work for them that the injury occurred.

    Your employer did you a favor by hiring you when you were working on your certificate. They gave you a chance and there was an implied contract there: they would hire you before you had your certificate and you would get your certificate as quickly as possible. You did not fulfill your end of the agreement. What were you doing during those seven months?

    Additionally, your employer has to pay extra when one of its employees collects unemployment. You’re lucky they didn’t fight you tooth and nail over the unemployment and you’re lucky that they took it upon themselves to give an unqualified person a chance. If they hadn’t hired you, they wouldn’t now be having to pay more money into unemployment. You cost them.

    I don’t know what you’re talking about regarding the third party agreement. A third party agreement is an agreement between Party A and Party C regarding Party B. Nothing you’ve said in your missive indicates there was a third party agreement going on beween two parties (that were not you) concerning you.

  5. Judy says:

    No, you have no case. YOU were the one responsible for getting your license renewed, and you didn’t. You left them no choice other than terminating you.

  6. danny14551 says:

    lol. no

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